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The CP Trans-Pacific Partnership
The Trans-Pacific Partnership, or TPP, is a trade agreement signed on 4 February 2016 involving 12 countries: Australia, Brunei, Canada, Chile, Japan
Practical aspects of recovering post-award interest
Although Ukrainian law now allows for the recognition and enforcement of arbitral awards which grant interest of an undetermined amount with no fixed
Agreement to have dispute resolved by expert determination disapplied contractual arbitration provisions
In K & J Townmore Construction Ltd. v. Kildare and Wicklow Education and Training Board 2019 IEHC 666 the High Court refused to refer a dispute to
UK Supreme Court considering impartiality of arbitrators and their duty of disclosure
The UK Supreme Court (the “UKSC”) recently heard arguments in Halliburton Company v Chubb Bermuda Insurance Ltd to decide the issue of when an
Arbitrators who were imprisoned in Peru have been released, but remain subject to significant restrictions on their freedom pending corruption investigations
As has been widely reported, on 4 November 2019 the Peruvian Preparatory Investigation Court ordered the "preventative detention" of
JAMS Neutral Recognized as One of the 50 Most Influential People in IP for 2019 by Managing Intellectual Property Magazine
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that JAMS neutral Ryan
Arbitrator To Decide Whether ERISA Fiduciary Claims Should Be Arbitrated
A federal district court in Texas referred to arbitration a 401(k) plan participant’s ERISA breach of fiduciary duty action based on allegations that
Foreign Arbitration Institutions Now Permitted to Administer Arbitration in Shanghai FTZ
On October 21, 2019, the Shanghai Municipal Bureau of Justice (the “Shanghai BOJ”) passed the Administrative Measures for Business Offices
Arbitration & Conciliation Act of India 2019: Intent v Purpose?
The legal framework surrounding Arbitration in India has witnessed a paradigm shift in recent years. Prior to the Arbitration & Conciliation
English Commercial Court refuses to grant interim injunctive relief requiring a party to withdraw a claim in another jurisdiction
In A v OOO “Insurance Company Chubb” and other companies 2019 EWHC 2729 (Comm), the English Commercial Court (the Court) refused, for various
Court of Appeal grants anti-arbitration injunction and clarifies law on court challenges to arbitration awards
The Court of Appeal has allowed an appeal and made rare and significant orders, granting an injunction restraining arbitration proceedings and
The new Ivorian investment code: Tinkering with an imperfect system or pioneering a path?
Investor-State Dispute Settlement (ISDS) is facing significant opposition in its current form. Whilst some parties are engaged to find new common
District court refuses to compel arbitration where party had merely objected to arbitrability of dispute
This case arose from three contracts, entered into between International Engineering & Construction S.A. (“IEC”) and Greenville Oil & Gas, Inc
Employee’s Electronic Acknowledgement of Arbitration Agreement Sufficient
Although the Federal Arbitration Act (“FAA”) places arbitration agreements on the same footing as any other contract and generally precludes state
Third party funding in litigation or arbitration: a look at Turkey’s approach
Access to justice is not always equally achievable for all parties, considering the expenses attached to seeking relief through legal proceedings, in
GDPR and International Arbitration at a Crossroad
The International Congress and Convention Association (ICCA) and the International Bar Association (IBA) have established a Joint Task Force on Data
Arbitration - No automatic stay on challenge to arbitral award - SC strikes down Section 87
Larger Bench of the Supreme Court has struck down the deletion of Section 26 of the 2015 Arbitration Amendment Act, together with the insertion of
Time for change - the disputes scene in Israel
Given Israel's abundance of lawyers, it is no surprise that disputes are commonplace. Perhaps more surprising is its low global ranking for the number
Dodd-Frank Whistleblower Claims are Arbitrable, Second Circuit Holds
In a win for employers, the Second Circuit Court of Appeals recently held that whistleblower claims under the Dodd-Frank Act are arbitrable. Daly v
Reporting Requirements for Architects under California Business and Professions Code Section 5588
Below is an overview of the changes to California Business and Professions Code Section 5588 and its effect on the reporting requirements
Illinois Federal Court Determines Questions of Arbitrability Can Be Delegated to Arbitrators
An Illinois federal court addressed whether the arbitrator or a court should decide whether a dispute between a reinsurer and a cedent was arbitrable
Hong Kong court grants interim anti-suit injunction in favour of arbitration to restrain court proceedings involving third party
In GM1 and GM2 v KC 2019 HKCFI 2793, the Hong Kong Court of First Instance granted an interim anti-suit injunction restraining Mainland Chinese
New York Federal Court Holds Arbitration Panel Was Not Functus Officio
The parties arbitrated over a billing on a settlement of asbestos-related losses submitted by the cedent and disputed by the reinsurers. The
New York Federal Court Remands Arbitration Award to Panel to Clarify Its Application to Future Claims
Under the FAA, a court must grant an order seeking confirmation of an arbitration award unless the award is vacated, modified or corrected. 9 U.S.C
New York Appeals Court Denies Petition to Vacate Arbitration Award
In a non-reinsurance case, petitions to vacate a final arbitration award in favor of an insurer were denied by the motion court and affirmed on appeal
Non-Party Notice of Appeal in Reinsurance Dispute Results in an Award of Attorney Fees
In an unusual case, a non-party to a reinsurance arbitration attempted to appeal after the parties settled after appeal. Here, a reinsurance
Behind the fanfare: What will the Singapore Convention mean for Australian businesses?
With considerable fanfare, on 7 August 2019, the United Nations Convention on International Settlement of Agreements Resulting from Mediation (known
Court finds state not bound by arbitration clause signed by state-owned entity (Swiss Supreme Court)
In decision 4A_6362018, the Swiss Supreme Court rejected a set aside application aimed at annulling a partial award that had declared that a state
Notification of incomplete award may still trigger time limit to appeal award (Swiss Supreme Court)
In Decision 4A_2642019, the Swiss Supreme Court declared an application to set aside an allegedly incomplete and unsigned International Chamber of
Mere wrong Application of Law No more a ground for challenging an Arbitration Award
Arbitration is a private dispute resolution mechanism created by way of contract between the parties. But still to avoid any gross injustice, the